BILL NUMBER: SB 678	CHAPTERED  10/10/99

	CHAPTER   676
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 6, 1999
	PASSED THE SENATE   SEPTEMBER 9, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 7, 1999
	AMENDED IN ASSEMBLY   SEPTEMBER 3, 1999
	AMENDED IN ASSEMBLY   SEPTEMBER 2, 1999
	AMENDED IN ASSEMBLY   AUGUST 30, 1999
	AMENDED IN ASSEMBLY   AUGUST 24, 1999
	AMENDED IN ASSEMBLY   AUGUST 16, 1999
	AMENDED IN ASSEMBLY   JULY 8, 1999
	AMENDED IN SENATE   APRIL 19, 1999

INTRODUCED BY   Senator Polanco
   (Coauthor:  Assembly Member Alquist)

                        FEBRUARY 24, 1999

   An act to add Section 14666.6 to, and to add and repeal Section
14666.7 of, the Government Code, relating to state property.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 678, Polanco.  State property:  access:  telecommunications.
   Existing law authorizes the Director of General Services, with the
approval of the state agency concerned, to grant and convey in the
name of the state, easements and rights-of-way across real property
belonging to the state not used for highway rights-of-way, for those
purposes and upon the consideration and subject to the conditions,
limitations, restrictions, and reservations the director determines
to be in the interest of the state.  Existing law requires all
revenue received in connection with the granting and conveying of
those easements and rights-of-way, including charges made for
administrative costs, to be deposited in the General Fund for
appropriation as prescribed.
   This bill would additionally authorize the director, with the
approval of the state agency concerned, to negotiate in the name of
the state, access to state-owned property, not used for highway
purposes, for those purposes and subject to those conditions,
limitations, restrictions, and reservations determined by the
director to be in the interest of the state.  The bill would require
the director to determine the amount of consideration for, and the
means of, access.  The bill would require the Director of
Transportation to similarly negotiate access to state-owned highway
rights-of-way and to make similar determinations regarding
consideration for access.  The bill would require any payments for a
grant or conveyance through land or facilities controlled by the
Department of Transportation to be deposited in the State
Transportation Fund.
   This bill would require the director to establish, not later than
July 1, 2000, an interagency committee on state-owned property for
the purpose of evaluating the use of that property for
telecommunications and information technology services by private
parties.  The committee would be chaired by the director and would
include the Director of Transportation, the Director of Information
Technology, the Director of the Health and Human Services Data
Center, the Director of the Teale Data Center, and the Director of
Water Resources, or their designees, a representative from the
University of California, and a representative from the California
State University.
   The bill would require the committee to convene a
telecommunications and information technology advisory council for
the purpose of obtaining input and insight from the private sector.
The bill would require the committee to prepare and submit a final
report to the Legislature and the Governor on or before January 1,
2004.
   Provisions governing the interagency committee, the
telecommunications and information technology advisory council, and
the final report would be repealed on January 1, 2005.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 14666.6 is added to the Government Code, to
read:
   14666.6.  (a) With the approval of the state agency concerned, the
director shall negotiate in the name of the state, access to
state-owned property, not used for highway purposes, for those
purposes and subject to those conditions, limitations, restrictions,
and reservations determined by the director to be in the best
interest of the state.  To the extent permitted under existing law,
the director shall determine the amount of consideration for, and
means of access, which means shall include, but not be limited to,
any of the following:  lease, permit, or other form of providing a
monetary or service consideration for the access.
   (b) The Director of Transportation shall negotiate in the name of
the state, access to state-owned highway rights-of-way, for those
purposes and subject to those conditions, limitations, restrictions,
and reservations determined by the Director of Transportation to be
in the best interest of the state.  To the extent permitted under
existing law, the Director of Transportation shall determine the
amount of consideration for, and means of access, which means shall
include, but not be limited to, any of the following:  lease, permit,
or other form of providing a monetary or service consideration for
the access.
   (c) This section applies to various telecommunications and
information technologies, including, but not limited to, voice data,
video, and fiber-optic technologies.
   (d) Any payments received under the provisions of this section for
a grant or conveyance through land or facilities controlled by the
Department of Transportation, including but not limited to
rights-of-way along the state highway system, shall be deposited in
the State Transportation Fund.
  SEC. 2.  Section 14666.7 is added to the Government Code to read:
   14666.7.  (a) The Legislature finds and declares all of the
following:
   (1) The state uses various telecommunications and information
technologies, including, but not limited to, voice, data, video, and
fiber-optic technologies in delivering public services that provide
for the public safety and welfare of all Californians.
   (2) There is a need to provide strong leadership, effective
oversight, and management in order to ensure information access for
the people of California.
   (3) The state owns property, including, but not limited to,
buildings, other structures, equipment, and rights-of-way.  These
resources should be utilized thoroughly and effectively in a manner
that maintains public confidence and addresses economic,
environmental, educational, and public safety issues.
   (4) Information technology through telecommunications
infrastructure development has been used successfully by other states
to strengthen regional economies through increased access to
information and by facilitating the efficient delivery of government
services.  California, as a leader in new technologies, as well as
the home of many of the world's leading colleges and universities, is
uniquely positioned to capitalize on emerging technologies and
economic opportunities.
   (b) Accordingly, it is the intent of the Legislature in enacting
this section to provide ongoing review of the plans and progress for
managing state-owned property, and for enhancing the availability of
existing and new information technologies and other technologies to
people in this state in a nondiscriminatory and competitively neutral
manner.
   (c) The director shall establish not later than July 1, 2000, an
interagency committee on state-owned property for the purposes of
evaluating the use of that property for telecommunications and
information technology services by private parties.
   (d) The committee shall be chaired by the director and shall
include all of the following, or their designees:
   (1) The Director of Information Technology.
   (2) The Director of the Health and Human Services Data Center.
   (3) The Director of the Teale Data Center.
   (4) The Director of Transportation.
   (5) The Director of Water Resources.
   (6) A representative from the University of California.
   (7) A representative from the California State University.
   (e) The committee shall convene a telecommunications and
information technology advisory council for the purpose of obtaining
input and insight from the private sector.
   (f) Notwithstanding Section 7550.5, the committee shall prepare
and submit a final report to the Legislature and the Governor on or
before January 1, 2004, regarding its activities, its recommendations
to various state agencies, an inventory of the companies that are
granted access to state-owned property each year, and the purpose of
that access.
   (g) This section shall remain in effect only until January 1,
2005, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2005, deletes or extends
that date.
